AN ACT
RELATING TO HEALTH CARE; ENACTING THE NURSE LICENSURE
COMPACT; REQUIRING REGISTRATION FOR MULTISTATE LICENSURE PRIVILEGES; PROVIDING
FOR A NURSE LICENSURE COMPACT ADMINISTRATOR; AMENDING AND ENACTING SECTIONS OF
THE NURSING PRACTICE ACT; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Nursing Practice Act is
enacted to read:
"COMPACT ENTERED
INTO.--The Nurse Licensure Compact is entered into law and entered into with
all other jurisdictions legally joining therein in a form substantially as
follows:
"NURSE LICENSURE COMPACT
Article 1 - Findings and
Purpose
A. The party states find that:
(1) the health and safety of the public are
affected by the degree of compliance with and the effectiveness of enforcement
activities related to state nurse licensure laws;
(2) violation of nurse licensure and other laws
regulating the practice of nursing may result in injury or harm to the public;
(3) the expanded mobility of nurses and the use
of advanced communication technologies as part of our nation's health care
delivery system require greater coordination and cooperation among states in
the areas of nurse licensure and regulation;
(4) new practice modalities and technology make
compliance with individual state nurse licensure laws difficult and complex;
and
(5) the current system of duplicative licensure
for nurses practicing in multiple states is cumbersome and redundant to both
nurses and states.
B. The general purposes of this compact are to:
(1) facilitate the states' responsibility to
protect the public's health and safety;
(2) ensure and encourage the cooperation of party
states in the areas of nurse licensure and regulation;
(3) facilitate the exchange of information
between party states in the areas of nurse regulation, investigation and
adverse actions;
(4) promote compliance with the laws governing
the practice of nursing in each jurisdiction; and
(5) invest all party states with the authority to
hold a nurse accountable for meeting all state practice laws in the state in
which the patient is located at the time care is rendered through the mutual
recognition of party state licenses.
ARTICLE 2 - Definitions
As used in the Nurse Licensure Compact:
A. "adverse action" means a home or
remote state action;
B. "alternative program" means a
voluntary, non-disciplinary monitoring program approved by a licensing board;
C. "coordinated licensure information
system" means an integrated process for collecting, storing and sharing
information on nurse licensure and enforcement activities related to nurse
licensure laws, which is administered by a nonprofit organization composed of
and controlled by state licensing boards;
D. "current significant investigative
information" means:
(1) investigative information that a licensing
board, after a preliminary inquiry that includes notification and opportunity
for the nurse to respond if required by state law, has reason to believe is not
groundless and, if proved true, would indicate more than a minor infraction; or
(2) investigative information that indicates that
the nurse represents an immediate threat to public health and safety regardless
of whether the nurse has been notified and had an opportunity to respond;
E. "home state" means the party state
that is the nurse's primary state of residence;
F. "home state action" means an
administrative, civil, equitable or criminal action permitted by the home
state's laws that are imposed on a nurse by the home state's licensing board or
other authority, including actions against an individual's license such
as: revocation, suspension, probation or
any other action that affects a nurse's authorization to practice;
G. "licensing board" means a party
state's regulatory body responsible for issuing nurse licenses;
H. "multistate licensure privilege"
means current, official authority from a remote state permitting the practice
of nursing as either a registered nurse or a licensed practical or vocational
nurse in such party state. All party
states have the authority, in accordance with existing state due process law,
to take actions against the nurse's privilege such as: revocation, suspension, probation or any
other action which affects a nurse's authorization to practice;
I. "nurse" means a registered nurse or
licensed practical or vocational nurse, as those terms are defined by each
party state's practice laws;
J. "party state" means a state that
has adopted the Nurse Licensure Compact;
K. "remote state" means a party state,
other than the home state:
(1) where the patient is located at the time
nursing care is provided; or
(2) in the case of the practice of nursing not
involving a patient, in such party state where the recipient of nursing
practice is located;
L. "remote state action" means:
(1) an administrative, civil, equitable or
criminal action permitted by a remote state's laws that are imposed on a nurse
by the remote state's licensing board or other authority, including actions
against a nurse's multistate licensure privilege to practice in the remote
state; and
(2) cease and desist orders and other injunctive
or equitable orders issued by remote states or the licensing boards thereof;
M. "state" means a state, territory or
possession of the United States, the District of Columbia or the Commonwealth
of Puerto Rico; and
N. "state practice laws" means an
individual party state's laws and regulations that govern the practice of
nursing, define the scope of nursing practice and create the methods and
grounds for imposing discipline.
"State practice laws" does not include the initial
qualifications for licensure or requirements necessary to obtain and retain a
license, except for qualifications or requirements of the home state.
ARTICLE 3 - General Provisions
and Jurisdiction
A. A license to practice registered nursing issued
by a home state to a resident in that state will be recognized by each party
state as authorizing a multistate licensure privilege to practice as a
registered nurse in such party state. A
license to practice licensed practical or vocational nursing issued by a home
state to a resident in that state will be recognized by each party state as
authorizing a multistate licensure privilege to practice as a licensed
practical or vocational nurse in such party state. In order to obtain or retain a license, an applicant
must meet the home state's qualifications for licensure and license renewal as
well as all other applicable state laws.
B. A party state may, in accordance with state
due process laws, limit or revoke a multistate licensure privilege of any nurse
to practice in the state and may take any other action under applicable state
laws necessary to protect the health and safety of state citizens. If a party state takes such action, it shall
promptly notify the administrator of the coordinated licensure information
system. The administrator of the
coordinated licensure information system shall promptly notify the home state
of any such actions by remote states.
C. A nurse practicing in a party state must
comply with the state practice laws of the state in which the patient is
located at the time care is rendered. In
addition, the practice of nursing is not limited to patient care, but shall
include all nursing practice as defined by the state practice laws of the party
state. The practice of nursing will
subject a nurse to the jurisdiction of the nurse licensing board and the
courts, as well as the laws, in that party state.
D. The Nurse Licensure Compact does not affect
additional requirements imposed by a party state for advanced practice
registered nursing. However, a
multistate licensure privilege to practice registered nursing granted by a
party state shall be recognized by other party states as a license to practice
registered nursing if one is required by state law as a precondition for
qualifying for advanced practice registered nurse authorization.
E.
Individuals not residing in a party state shall continue to be able to
apply for nurse licensure as provided for under the laws of each party
state. However, the license granted to
these individuals will not be recognized as granting the privilege to practice
nursing in any other party state unless explicitly agreed to by that party
state.
ARTICLE 4 - Application for
Licensure in a Party State
A. Upon application for a license, the licensing
board in a party state shall ascertain, through the coordinated licensure
information system, whether the applicant has ever held, or is the holder of, a
license issued by any other state, whether there are any restrictions on the
multistate licensure privilege and whether any other adverse action by any
state has been taken against the license.
B. A nurse in a party state shall hold licensure
in only one party state at a time, issued by the home state.
C. A nurse who intends to change primary state
of residence may apply for licensure in the new home state in advance of such
change. However, new licenses will not
be issued by a party state until after the nurse provides evidence of change in
primary state of residence satisfactory to the new home state's licensing
board.
D. When a nurse changes primary state of
residence by:
(1) moving from one party state to another party
state, and obtains a license from the new home state, the license from the
former home state is no longer valid;
(2) moving from a nonparty state to a party
state, and obtains a license from the new home state, the individual state
license issued by the nonparty state is not affected and will remain in full
force if so provided by the laws of the nonparty state; or
(3) moving from a party state to a nonparty
state, the license issued by the prior home state converts to an individual
state license, valid only in the former home state, without the multistate
licensing privilege to practice in other party states.
ARTICLE 5 - Adverse Actions
In addition to the general provisions described in Article 3
of the Nurse Licensure Compact, the following provisions apply.
A. The licensing board of a remote state shall
promptly report to the administrator of the coordinated licensure information
system any remote state actions, including the factual and legal basis for such
action, if known. The licensing board of
a remote state shall also promptly report any significant current investigative
information yet to result in a remote state action. The administrator of the coordinated
licensure information system shall promptly notify the home state of any such
reports.
B. The licensing board of a party state shall
have the authority to complete any pending investigations for a nurse who
changes primary state of residence during the course of such investigations. It shall also have the authority to take
appropriate actions, and shall promptly report the conclusions of such
investigations to the administrator of the coordinated licensure information
system. The administrator of the
coordinated licensure information system shall promptly notify the new home
state of any such actions.
C. A remote state may take adverse action
affecting the multistate licensure privilege to practice within that party
state. However, only the home state has
the power to impose adverse action against the license issued by the home
state.
D. For purposes of imposing adverse action, the
licensing board of the home state shall give the same priority and effect to
reported conduct received from a remote state as it would if such conduct had
occurred within the home state. In so
doing, it shall apply its own state laws to determine appropriate action.
E. The home state may take adverse action based
on the factual findings of the remote state, so long as each state follows its
own procedures for imposing such adverse action.
F. Nothing in the Nurse Licensure Compact shall
override a party state's decision that participation in an alternative program
may be used in lieu of licensure action and that such participation shall
remain nonpublic if required by the party state's laws. Party states must require nurses who enter
any alternative programs to agree not to practice in any other party state
during the term of the alternative program without prior authorization from
such other party state.
ARTICLE 6 - Additional
Authorities Invested in Party State Licensing
Boards
Notwithstanding any other powers, a party state licensing
board shall have authority to:
A. if otherwise permitted by state law, recover
from the affected nurse the costs of investigations and disposition of cases
resulting from any adverse action taken against that nurse;
B. issue subpoenas for both hearings and
investigations that require the attendance and testimony of witnesses and the
production of evidence. Subpoenas issued
by a licensing board in a party state for the attendance and testimony of
witnesses or the production of evidence from another party state, shall be
enforced in the latter state by any court of competent jurisdiction, according
to the practice and procedure of that court applicable to subpoenas issued in
proceedings pending before it. The
issuing authority shall pay any witness fees, travel expenses, mileage and
other fees required by the service statutes of the state where the witnesses or
evidence is located;
C. issue cease and desist orders to limit or
revoke a nurse's authority to practice in the state; and
D. promulgate uniform rules and regulations as
provided for in Article 8 of the Nurse Licensure Compact.
ARTICLE 7 - Coordinated
Licensure Information System
A. All party states shall participate in a
cooperative effort to create a coordinated database of all licensed registered
nurses and licensed practical or vocational nurses. This system will include information on the
licensure and disciplinary history of each nurse as contributed by party
states, to assist in the coordination of nurse licensure and enforcement
efforts.
B. Notwithstanding any other provision of law,
all party state licensing boards shall promptly report adverse actions, actions
against multistate licensure privileges, any current significant investigative
information yet to result in adverse action and denials of applications and the
reasons for such denials to the coordinated licensure information system.
C. Current significant investigative information
shall be transmitted through the coordinated licensure information system only to
party state licensing boards.
D. Notwithstanding any other provision of law,
all party state licensing boards contributing information to the coordinated
licensure information system may designate information that may not be shared
with nonparty states or disclosed to other entities or individuals without the
express permission of the contributing party state.
E. Any personally identifiable information
obtained by a party state licensing board from the coordinated licensure
information system may not be shared with nonparty states or disclosed to other
entities or individuals except to the extent permitted by the laws of the party
state contributing the information.
F.
Any information contributed to the coordinated licensure information
system that is subsequently required to be expunged by the laws of the party
state contributing the information shall also be expunged from the coordinated
licensure information system.
G. The compact administrators, acting jointly
with each other and in consultation with the administrator of the coordinated
licensure information system, shall formulate necessary and proper procedures
for the identification, collection and exchange of information under the Nurse
Licensure Compact.
ARTICLE 8 - Compact
Administration and Interchange of Information
A. The executive head of the licensing board, or
the executive head's designee, of a party state shall be the administrator of
the Nurse Licensure Compact for the state.
B. The compact administrator of each party state
shall furnish to the compact administrator of every other party state any
information and documents, including but not limited to a uniform data set of
investigations, identifying information, licensure data and disclosable
alternative program participation information to facilitate the administration
of the Nurse Licensure Compact.
C. Compact administrators shall have the
authority to develop uniform rules to facilitate and coordinate implementation
of the Nurse Licensure Compact. These
uniform rules shall be adopted by party states, under the authority invested
under Subsection D of Article 6 of the Nurse Licensure Compact.
ARTICLE 9 - Immunity
A party state or the officers or employees or agents of a
party state licensing board who act in accordance with the provisions of the
Nurse Licensure Compact shall not be liable on account of any act or omission
in good faith while engaged in the performance of their duties under that
compact. "Good faith" as used
in this article does not include willful misconduct, gross negligence or
recklessness.
ARTICLE 10 - Entry into Force,
Withdrawal and Amendment
A. The Nurse Licensure Compact shall enter into
force and become effective as to any state when it has been enacted into the
laws of that state. Any party state may
withdraw from that compact by enacting a statute repealing the same, but such
withdrawal shall not take effect until six months after the withdrawing state
has given notice of the withdrawal to the executive heads of all other party
states.
B. No withdrawal shall affect the validity or
applicability by the licensing boards of states remaining party to the Nurse
Licensure Compact of any report of adverse action occurring prior to the
withdrawal.
C. Nothing contained in the Nurse Licensure
Compact shall be construed to invalidate or prevent any nurse licensure
agreement or other cooperative arrangement between a party state and a nonparty
state that is made in accordance with the other provisions of that compact.
D. The Nurse Licensure Compact may be amended by
the party states. No amendment to that
compact shall become effective and binding upon the party states unless and
until it is enacted into the laws of all party states.
ARTICLE 11 - Construction and
Severability
A. The Nurse Licensure Compact shall be
liberally construed to effectuate the purposes of that compact. The provisions of that compact shall be
severable and if any phrase, clause, sentence or provision of that compact is
declared to be contrary to the constitution of any party state or of the United
States or the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of that compact and
the applicability of that compact to any government, agency, person or
circumstance shall not be affected. If
that compact is held contrary to the constitution of any party state, that
compact, shall remain in full force and effect as to the remaining party states
and in full force and effect as to the party states affected as to all
severable matters.
B. In the event party states find a need for
settling disputes arising under the Nurse Licensure Compact:
(1) the party states may submit the issues in
dispute to an arbitration panel that will be comprised of an individual
appointed by the compact administrator in the home state; an individual
appointed by the compact administrator in a remote state involved; and an
individual mutually agreed upon by the compact administrators of all the party
states involved in the dispute; and
(2) the decision of a majority of the arbitrators
shall be final and binding."."
Section 2. A new section of the Nursing Practice Act is
enacted to read:
"NURSE LICENSURE COMPACT
ADMINISTRATOR--DUTIES.--The Nurse Licensure Compact administrator shall be the
executive director of the board or his designee and shall:
A. develop rules and make recommendations to the
board concerning the administration of the Nurse Licensure Compact, including
procedures for reporting an adverse disciplinary action taken by the board
against a nurse practicing pursuant to a multistate licensure privilege;
B. work with Nurse Licensure Compact
administrators from other party states to communicate, provide and exchange
information pertinent to the administration of the Nurse Licensure Compact; and
C. provide pertinent information to the
administrator of the coordinated licensure information system and compile, for
the board's use, information received from that administrator pursuant to the
Nurse Licensure Compact."
Section 3. A new section of the Nursing Practice Act is
enacted to read:
"MULTISTATE LICENSURE
PRIVILEGE--REGISTRATION--FEE--RENEWAL.--
A. A nurse not licensed to practice in this
state, whose home state is not New Mexico and who wishes to practice in this
state pursuant to a multistate licensure privilege as provided in the Nurse
Licensure Compact shall register with the board within thirty days after
beginning to practice nursing in New Mexico.
The nurse shall complete a registration form that contains:
(1) the nurse's full name, home state residence
address, as well as a temporary residence address in New Mexico, if applicable,
and phone number;
(2) the identity of the nurse's home state and
the type of nursing license the nurse holds in the home state, as well as a
declaration of whether the license held is current and in good standing; and
(3) the name, address and phone number of the
nurse's place of nursing employment in New Mexico.
B. A nurse registering with the board pursuant
to Subsection A of this section may be required by the board to pay a
registration fee set by the board not to exceed twenty-five dollars
($25.00).
C. A nurse who practices nursing in New Mexico
pursuant to a multistate licensure privilege as provided in the Nurse Licensure
Compact who wishes to cease practicing in the state shall notify the board in
writing of the date upon which the nurse will no longer practice."
Section 4. Section 61-3-1 NMSA 1978 (being Laws 1968,
Chapter 44, Section 1) is amended to read:
"61-3-1. SHORT TITLE.--Chapter 61, Article 3 NMSA 1978
may be cited as the "Nursing Practice Act"."
Section 5. Section 61-3-3 NMSA 1978 (being Laws 1991,
Chapter 190, Section 2, as amended) is amended to read:
"61-3-3. DEFINITIONS.--As used in the Nursing Practice
Act:
A. "advanced practice" means the
practice of professional registered nursing by a registered nurse who has been
prepared through additional formal education as provided in Sections 61-3-23.2
through 61-3-23.4 NMSA 1978 to function beyond the scope of practice of
professional registered nursing, including certified nurse practitioners,
certified registered nurse anesthetists and clinical nurse specialists;
B. "board" means the board of nursing;
C. "certified nurse practitioner"
means a registered nurse who is licensed by the board for advanced practice as
a certified nurse practitioner and whose name and pertinent information are
entered on the list of certified nurse practitioners maintained by the board;
D. "certified registered nurse
anesthetist" means a registered nurse who is licensed by the board for
advanced practice as a certified registered nurse anesthetist and whose name
and pertinent information are entered on the list of certified registered nurse
anesthetists maintained by the board;
E. "clinical nurse specialist" means a
registered nurse who is licensed by the board for advanced practice as a
clinical nurse specialist and whose name and pertinent information are entered
on the list of clinical nurse specialists maintained by the board;
F. "collaboration" means the
cooperative working relationship with another health care provider in the
provision of patient care, and such collaborative practice includes the
discussion of patient diagnosis and cooperation in the management and delivery
of health care;
G. "emergency procedures" means airway
and vascular access procedures;
H. "licensed practical nurse" means a
nurse who practices licensed practical nursing and whose name and pertinent
information are entered in the register of licensed practical nurses maintained
by the board or a nurse who practices licensed practical nursing pursuant to a
multistate licensure privilege as provided in the Nurse Licensure Compact;
I. "licensed practical nursing" means
the practice of a directed scope of nursing requiring basic knowledge of the
biological, physical, social and behavioral sciences and nursing procedures,
which practice is at the direction of a registered nurse, physician or dentist
licensed to practice in this state. This
practice includes but is not limited to:
(1) contributing to the assessment of the health
status of individuals, families and communities;
(2) participating in the development and
modification of the plan of care;
(3) implementing appropriate aspects of the plan
of care commensurate with education and verified competence;
(4) collaborating with other health care
professionals in the management of health care; and
(5) participating in the evaluation of responses
to interventions;
J. "Nurse Licensure Compact" means the
agreement entered into between New Mexico and other jurisdictions permitting
the practice of professional registered nursing or licensed practical nursing
pursuant to a multistate licensure privilege;
K. "nursing diagnosis" means a
clinical judgment about individual, family or community responses to actual or
potential health problems or life processes, which judgment provides a basis
for the selection of nursing interventions to achieve outcomes for which the
person making the judgment is accountable;
L. "practice of nursing" means
assisting individuals, families or communities in maintaining or attaining
optimal health, assessing and implementing a plan of care to accomplish defined
goals and evaluating responses to care and treatment. This practice is based on specialized
knowledge, judgment and nursing skills acquired through educational preparation
in nursing and in the biological, physical, social and behavioral sciences and
includes but is not limited to:
(1) initiating and maintaining comfort measures;
(2) promoting and supporting optimal human
functions and responses;
(3) establishing an environment conducive to
well-being or to the support of a dignified death;
(4) collaborating on the health care regimen;
(5) administering medications and performing
treatments prescribed by a
person authorized in this state or in any other state in the United States to
prescribe them;
(6) recording and reporting nursing observations,
assessments, interventions and responses to health care;
(7) providing counseling and health teaching;
(8) delegating and supervising nursing
interventions that may be performed safely by others and are not in conflict
with the Nursing Practice Act; and
(9) maintaining accountability for safe and
effective nursing care;
M. "professional registered nursing"
means the practice of the full scope of nursing requiring substantial knowledge
of the biological, physical, social and behavioral sciences and of nursing
theory and may include advanced practice pursuant to the Nursing Practice Act. This practice includes but is not limited to:
(1) assessing the health status of individuals,
families and communities;
(2) establishing a nursing diagnosis;
(3) establishing goals to meet identified health
care needs;
(4) developing a plan of care;
(5) determining nursing intervention to implement
the plan of care;
(6) implementing the plan of care commensurate
with education and verified competence;
(7) evaluating responses to interventions;
(8) teaching based on the theory and practice of
nursing;
(9) managing and supervising the practice of
nursing;
(10) collaborating with other health care
professionals in the management
of health care; and
(11) conducting nursing research;
N. "registered nurse" means a nurse
who practices professional registered nursing and whose name and pertinent
information are entered in the register of licensed registered nurses
maintained by the board or a nurse who practices professional registered nursing
pursuant to a multistate licensure privilege as provided in the Nurse Licensure
Compact; and
O. "scope of practice" means the
parameters within which nurses practice based upon education, experience,
licensure, certification and expertise."
Section 6. Section 61-3-5 NMSA 1978 (being Laws 1968,
Chapter 44, Section 4, as amended) is amended to read:
"61-3-5. LICENSE REQUIRED.--
A. Except as otherwise provided in the Nursing
Practice Act, no person shall use the title "nurse" unless the person
is licensed or has been licensed in the past as a registered nurse or licensed
practical nurse under the Nursing Practice Act.
B. Except as otherwise provided in the Nursing
Practice Act, unless licensed as a registered nurse under the Nursing Practice
Act, no person shall:
(1) practice professional nursing;
(2) use the title "registered nurse",
"professional nurse", "professional registered nurse" or
the abbreviation "R.N." or any other abbreviation thereof or use any
other title, abbreviation, letters, figures, signs or devices to indicate or
imply that the person is a registered nurse; or
(3) engage in a nursing specialty as defined by
the board.
C. Except as otherwise provided in the Nursing
Practice Act, unless licensed as a licensed practical nurse under the Nursing
Practice Act, no person shall:
(1) practice licensed practical nursing; or
(2) use the title "licensed practical
nurse" or the abbreviation "L.P.N." or any other abbreviation
thereof or use any other title, abbreviation, letters, figures, signs or
devices to indicate or imply that the person is a licensed practical nurse.
D. Unless licensed as a certified nurse
practitioner under the Nursing Practice Act, no person shall:
(1) practice as a certified nurse practitioner;
or
(2) use the title "certified nurse
practitioner" or the abbreviations "C.N.P." or "N.P."
or any other title, abbreviation, letters, figures, signs or devices to
indicate or imply that the person is a certified nurse practitioner.
E. Unless licensed as a certified registered
nurse anesthetist under the Nursing Practice Act, no person shall:
(1) practice as a nurse anesthetist; or
(2) use the title "certified registered
nurse anesthetist" or the abbreviation "C.R.N.A." or any other
title, abbreviation, letters, figures, signs or devices to indicate or imply
that the person is a certified registered nurse anesthetist.
F. Unless licensed as a clinical nurse
specialist under the Nursing Practice Act, no person shall:
(1) practice as a clinical nurse specialist; or
(2) use the title "clinical nurse
specialist" or the abbreviation "C.N.S." or any other title,
abbreviation, letters, figures, signs or devices to indicate or imply that the
person is a clinical nurse specialist.
G. No licensed nurse shall be prohibited from
identifying himself or his licensure status."
Section 7. Section 61-3-10 NMSA 1978 (being Laws 1968,
Chapter 44, Section 7, as amended) is amended to read:
"61-3-10. POWERS--DUTIES.--The board:
A. shall adopt and revise such rules and
regulations as may be necessary to enable it to carry into effect the
provisions of the Nursing Practice Act and to maintain high standards of
practice;
B. shall prescribe standards and approve
curricula for educational programs preparing persons for licensure under the
Nursing Practice Act;
C. shall provide for surveys of educational
programs preparing persons for licensure under the Nursing Practice Act;
D. shall grant, deny or withdraw approval from
educational programs for failure to meet prescribed standards, if a majority of
the board concurs in the decision;
E. shall provide for the examination, licensing
and renewal of licenses of applicants;
F. shall conduct hearings upon charges relating
to discipline of a licensee or nurse not licensed to practice in New Mexico who
is permitted to practice professional registered nursing or licensed practical
nursing in New Mexico pursuant to a multistate licensure privilege as provided
in the Nurse Licensure Compact or the denial, suspension or revocation of a
license in accordance with the procedures of the Uniform Licensing Act;
G. shall cause the prosecution of all persons,
including firms, associations, institutions and corporations, violating the
Nursing Practice Act and have the power to incur such expense as is necessary
therefor;
H. shall keep a record of all proceedings;
I. shall make an annual report to the governor;
J. shall appoint and employ a qualified
registered nurse, who shall not be a member of the board, to serve as executive
officer to the board, who shall define the duties and responsibilities of the
executive officer, except that the power to grant, deny or withdraw approval
for schools of nursing or to revoke, suspend or withhold any license authorized
by the Nursing Practice Act shall not be delegated by the board;
K. shall provide for such qualified assistants
as may be necessary to carry out the provisions of the Nursing Practice
Act. Such employees shall be paid a
salary commensurate with their duties;
L. shall, for the purpose of protecting the
health and well-being of the citizens of New Mexico and promoting current
nursing knowledge and practice, adopt rules and regulations establishing
continuing education requirements as a condition of license renewal and shall
study methods of monitoring continuing competence;
M. may appoint advisory committees consisting of
at least one member who is a board member and at least two members expert in
the pertinent field of health care to assist it in the performance of its
duties. Committee members may be
reimbursed as provided in the Per Diem and Mileage Act;
N. may adopt and revise rules and regulations
designed to maintain an inactive status listing for registered nurses and
licensed practical nurses;
O. may adopt rules and regulations to regulate
the advanced practice of professional registered nursing and expanded practice
of licensed practical nursing;
P. shall license qualified certified nurse
practitioners, certified registered nurse anesthetists and clinical nurse
specialists;
Q. shall register nurses not licensed to
practice in New Mexico who are permitted to practice professional registered
nursing or licensed practical nursing in
New Mexico pursuant to a
multistate licensure privilege as provided in the Nurse Licensure Compact; and
R. shall adopt rules and regulations
establishing standards for authorizing prescriptive authority to certified
nurse practitioners and clinical nurse specialists."
Section 8. Section 61-3-28 NMSA 1978 (being Laws 1968,
Chapter 44, Section 24, as amended) is amended to read:
"6l-3-28. DISCIPLINARY PROCEEDINGS--JUDICIAL REVIEW--
APPLICATION OF UNIFORM
LICENSING ACT--LIMITATION.--
A. In accordance with the procedures contained
in the Uniform Licensing Act, the board may deny, revoke or suspend any license
held or applied for under the Nursing Practice Act, reprimand or place a
licensee on probation or deny, limit or revoke the multistate licensure
privilege of a nurse desiring to practice or practicing professional registered
nursing or licensed practical nursing as provided in the Nurse Licensure
Compact upon grounds that the licensee, applicant or nurse:
(1) is guilty of fraud or deceit in procuring or
attempting to procure a license or certificate of registration;
(2) is convicted of a felony;
(3) is unfit or incompetent;
(4) is intemperate or is addicted to the use of
habit-forming drugs;
(5) is mentally incompetent;
(6) is guilty of unprofessional conduct as
defined by the rules and regulations adopted by the board pursuant to the
Nursing Practice Act;
(7) has willfully or repeatedly violated any
provisions of the Nursing Practice Act, including any rule or regulation
adopted by the board pursuant to that act; or
(8) was licensed to practice nursing in any
jurisdiction, territory or possession of the United States or another country
and was the subject of disciplinary action as a licensee for acts similar to
acts described in this subsection. A
certified copy of the record of the jurisdiction, territory or possession of
the United States or another country taking the disciplinary action is
conclusive evidence of the action.
B. Disciplinary proceedings may be instituted by
any person, shall be by complaint and shall conform with the provisions of the
Uniform Licensing Act. Any party to the
hearing may obtain a copy of the hearing record upon payment of costs for the
copy.
C. Any person filing a complaint shall be immune
from liability arising out of civil action if the complaint is filed in good
faith and without actual malice.
D. The board shall not initiate a disciplinary action
more than two years after the date that it receives a complaint.
E. The time limitation contained in Subsection D
of this section shall not be tolled by any civil or criminal litigation in
which the licensee or applicant is a party, arising substantially from the same
facts, conduct, transactions or occurrences that would be the basis for the
board's disciplinary action.
F. The board may recover the costs associated
with the investigation and disposition of a disciplinary proceeding from the
nurse who is the subject of the proceeding if the nurse is practicing
professional registered nursing or licensed practical nursing pursuant to a
multistate licensure privilege as provided in the Nurse Licensure
Compact."
Section 9. TEMPORARY PROVISION--REPORT.--The board of
nursing shall submit a report containing a recommendation concerning the
continuation of New Mexico's participation in the provisions of the Nurse
Licensure Compact to the legislature no later than November 20, 2007.
Section 10. EFFECTIVE DATE.--The effective date of the
provisions of this act is
January 1, 2004.